The Court dismissed the employer's judicial review challenge to a Medical Appeal Panel decision confirming 17% WPI, holding that the Appeal Panel correctly applied the three-step process under s 323 of the WIM Act. Where the Appeal Panel found the extent of a deduction for a pre-existing condition was difficult or costly to determine and applied the statutory 10% assumption under s 323(2), and then assessed whether that assumption was at odds with the available evidence, this constituted proper application of the 'third step' from Cole and Elcheikh. The Court also held that the Appeal Panel's reasons were legally adequate, emphasising that the adequacy of reasons must be assessed against the issues actually raised before the Panel, and a party cannot assail reasons for failing to address a step that was conceded below.
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